QLDQCA
Ross v Suncorp Metway Insurance Ltd [2002] QCA 93
[2002] QCA 93
Court of Appeal (Qld)|2002-03-22|Before: Davies and Thomas JJA and Douglas JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-03-22
Before
Davies and Thomas JJA and Douglas JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
Catchwords
- DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS
- OF EARNINGS AND EARNING CAPACITY – motor car accident
- – where
- appellant suffered neck and lower back injury – appellant qualified in
Source
Original judgment source is linked above.
Catchwords
DAMAGES – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSSOF EARNINGS AND EARNING CAPACITY – motor car accident– whereappellant suffered neck and lower back injury – appellant qualified inPoland as a dental technician but hadnot worked in that capacity for 13 yearspreceding the accident – where nil assessment for past economic loss– whereglobal assessment given for future economic loss - where trialjudge acted on basis that appellant’s condition wouldimproveAPPEAL AND NEW TRIAL – PARTICULAR GROUNDS – EXCESSIVEOR INADEQUATE DAMAGES – GENERAL PRINCIPLES – DAMAGESINADEQUATE– whether trial judge erred in giving nil assessment for economic loss– application of principles in Malec v JC Hutton – where noerror – whether trial judge erred in making a globalassessment – application of s 16 Supreme Court Act 1995 (Qld)– s 16 does not rule out the making of a global assessment – whereglobal assessment appropriate APPEAL AND NEW TRIAL – PARTICULAR